Didway

Didway v. Astrue

Good Law
303 F. App'x 553
United States Court of Appeals for the Ninth CircuitDecember 16, 2008No. 07-15540California1,027 words

Opinion

lead Opinion

MEMORANDUM **

Lori E. Didway (“Mrs.Didway”) appeals the district court’s order granting summary judgment for the Commissioner of Social Security (“the Commissioner”), thus upholding a determination that Mrs. Did-way’s disability ceased on November 26, 2003. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts of the case, so we repeat them here only to the extent necessary to explain our decision.

Mrs. Didway first asserts that the Administrative Law Judge (“ALJ”) erred by not considering whether her impairments when combined with her IQ of 75 medically equaled the impairment of mental retardation, in the Listing of Impairments. 20 C.F.R. § 404 , Subpart P, Appendix 1,'Listing 12.05(c). While Listing 12.05(c) requires an IQ of 70 or less, Mrs. Didway points to Social Security’s Program Operations Manual System (“POMS”), which states that Listing 12.05(c) can be equaled if an individual possesses a slightly higher IQ (e.g., 70-75) “in the presence of other physical or mental disorders that impose additional and significant work-related limitation of funetion.” POMS § DI 24515.056(D)(1)(c), available at…

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